ADR incorporated 10 laws in Bangladesh as formal and quasi-formal. In every law ADR can be used effectively except in FCO because there are gaps in the ADR of FCO. Section 10, 13 of FCO only mentions ADR but it does not prescribe how ADR will work in respect of other laws such as Code of Civil procedure (CPC) 1908, Money Loan Court Act 2010, Income Tax (Amendment) Act 2011, Labour Act 2006.  That is why, the mediator shall be the judge to whom the case should be filed. If the mediation process fails, parties can go to the court for trial. But there are major loopholes in this law. Parties shall go to the same judge who was the mediator during the mediation stage. A possibility is there that the judgment may be influenced by pre-trial mediation. There is no option here as in CPC and others laws. ADR provisions in CPC have been added in 2003 by amendment of CPC and after that, it was amended thrice. FCO deals with family disputes which are very crucial matters but it did not get suitably amended till now.

Family disputes are very sensitive in nature that need experienced judges. But section 4 of the FCO states that Assistance Judges shall be family court judges, who are members of the subordinate judiciary and hence lack sufficient experience in judiciary. In the Indian Family Courts Act, 1984, a person shall not be qualified for appointment as a family court judge unless s/he has held a judicial office at least for seven year

Only the Family Court Judges are responsible for resolving family disputes by ADR in the FCO and no provision relating to dispute solving by person outside of court is present in the FCO. That is why, in the family court mediation, parties cannot go to experienced mediators for resolving their problem

s.s.ms.